Los Angeles
T: 213.620.1780
F: 213.620.1398

Education

  • J.D., University of California, Los Angeles, 1997
  • B.A., Georgetown, University, 1994, magna cum laude
  • All California Courts
  • U.S. District Court for the Central District of California
  • U.S. District Court for the Northern District of California
  • Ninth Circuit
Overview
Honors
Experience

Derek Havel is a partner in the Labor and Employment Practice Group in the firm's Los Angeles office, where he is also the Office Managing Partner.

Areas of Practice

Mr. Havel handles all facets of the litigation process in labor and employment disputes.  Mr. Havel has significant experience in defending wage and hour class actions, including claims for overtime pay, meal and rest period violations, and vacation pay. In particular, Mr. Havel has extensive experience in the healthcare, retail, and insurance industries.  He has successfully defeated class certification motions and prevailed on summary judgment motions in class actions.

Mr. Havel has considerable jury trial experience in defending both class actions and single plaintiff employment cases.  He has successfully defended labor and employment disputes under both state and federal law, including discrimination on the basis of race, sex, age, religion, disability, national origin, marital status, sexual orientation, and other classifications.  He has specific experience under the California Fair Employment and Housing Act, Title VII, the Age Discrimination in Employment Act, the Americans with Disabilities Act, and other labor and employment laws. 

Mr. Havel also has experience in traditional labor law.  He has drafted briefs for the National Labor Relations Board, and defended employers against unfair labor practice charges.

  • Labor & Employment, Legal 500, 2012-2014
  • Southern California Super Lawyer, 2011-2014

Recent Significant Client Wins

Sumo vs. Torrance Memorial Medical Center, Los Angeles County Superior Court, Case No. BC530934. Defeated class certification of a putative class action alleging the failure to pay overtime due to invalid alternative work week schedules, and failure to provide meal periods due to invalid waivers.

Willis vs. Driltek, United States District Court, Eastern District of California, Case No. 1:15-cv-00688. Prevailed on motion for summary judgment in a wage and hour class and collective action alleging a joint employer relationship between sub-contractors.

Garcia vs. Whole Foods Market, Los Angeles County Superior Court, Case No. BC582010. After a six-day jury trial, Whole Foods prevailed with a complete defense verdict in a sex, sexual orientation and racial harassment, failure to prevent harassment and intentional infliction of emotional distress case.

Lampe vs. Queen of the Valley Medical Center, Napa County Superior Court Case No. 26-61568.  Defeated class certification of a putative class action alleging various wage/hour violations, including unpaid overtime, meal and rest period violations, and pay stub violations, for all non-exempt employees.

Payne vs. Whole Foods Market, Ventura Superior Court Case No. 56-2014-00452544.  Prevailed on summary judgment in pregnancy discrimination case.

King vs. Pomona Valley Medical Center, Los Angeles Superior Court Case No. BC351095. Prevailed on summary judgment in a putative class action alleging unpaid overtime on behalf of 12-hour employees.

Cherin vs. Dignity Health, San Francisco Superior Court Case No. CGC-08-471761. Defeated class certification of proposed class of tens of thousand of nurses alleging wage and hour violations.

Cunningham vs. Long Beach Memorial, Los Angeles County Superior Court, Case No. BC421688. Prevailed on summary judgment in a putative class action alleging unpaid overtime on behalf of 12-hour employees.  

Rivera vs. Whole Foods Market, Los Angeles County Superior Court, Case No. LC090604. After a week long jury trial, Whole Foods prevailed with a complete defense verdict in a sexual harassment, retaliation, and wrongful termination claim.  

Leon vs. Union Bank, Ventura County Superior Court, Case No. 56-2010-00386548.  Prevailed on summary judgment in a disability discrimination and retaliation claim.

Gerard vs. Orange Coast Memorial Medical Center, Orange County Superior Court, Case No. 30-2008-00096591. Defeated class certification of proposed wage and hour class action, including meal and rest period claims.

McCoy vs. Saddleback Memorial Medical Center, Orange County Superior Court, Case No. 30-2008-00116393. Defeated class certification of proposed wage and hour class action, including meal and rest period claims.

Union Bank Class Action, San Francisco County Superior Court, CGC-10-499595. Failure to provide meal and rest periods and overtime violations. Class certification was denied on lack of adequacy and typicality for Plaintiff, and partial summary judgment was granted.

White vs. Whole Foods Market, Los Angeles County Superior Court, Case No. BC380974. Two week jury trial of a pregnancy discrimination and wrongful termination claim.  Complete defense verdict.

Oberfoell vs. Cedars-Sinai Medical Center, Los Angeles County Superior Court, Case No. BC332075.  Prevailed on motion for summary judgment in proposed wage and hour class action, including overtime and meal and rest period claims.

Sullivan vs. Kelly Services, Inc., United States District Court, Northern District of California, Case No. C 07-2784. Prevalied on Motion for Summary judgment in proposed wage and hour class action alleging failure to pay final wages to temporary agency employees at the end of each assignment.

Zumbowicz vs. HASC, Los Angeles County Superior Court, Case No. BC360399. Prevailed on motion for summary judgment on behalf of Memorial Health System in anti-trust class action alleging underlying labor code violations.  Affirmed on appeal.

Hamilton vs. Long Beach Memorial Medical Center, Los Angeles County Superior Court, Case No. BC322076.  Prevailed on motion for summary judgment in proposed wage and hour class action, including overtime and pay stub claims.  Affirmed on appeal.

Matlin vs. Tilly's, Los Angeles County Superior Court, Case No. BC322422. Defeated class certification and prevailed on summary judgment in proposed wage and hour class action, including overtime and meal and rest period claims.

McDonnell vs. Whole Foods Market, Los Angeles County Superior Court, Case No. BC323344. Defeated class certification and prevailed on summary judgment in proposed wage and hour class action, including meal and rest period claims.